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Home My WebLink AboutCouncil Information Memorandum 10-04-2012CITY OF PLYMOUTH rp) COUNCIL INFO MEMO October 4, 2012 EVENTS / MEETINGS Environmental Quality Committee (EQC) Agenda 10/10/12.............................................................. Page 1 Park & Recreation Advisory Commission (PRAC) Agenda 10/11/12 ................................................. Page 2 October, November and December 2012 Official City Meeting Calendars ........................................ Page 3 Tentative List of Agenda Items for Future City Council Meetings ..................................................... Page 6 MnSHIP Metro District Stakeholder Engagement Meetings, 10/16/12 or 10/23/12 .......................... Page 7 Emerald Ash Borer Workshop, 10/22/12 ............................................................................................ Page 8 CORRESPONDENCE Letter to Met Council Environmental Services RE: Draft Waste Discharge Rules ........................... Page 10 Letter from Coalition of Minnehaha Creek Waters RE: Introduction to the organization ................ Page 13 2012 TwinWest Legislative Priorities............................................................................................... Page 14 REPORTS Shingle Creek & West Mississippi Watershed Management Commissions Joint Powers AgreementReview......................................................................................................................... Page 15 MINUTES Highway 55 Corridor Coalition Full Membership Committee Meeting, 04/20/12 ........................... Page 19 ENVIRONMENTAL QUALITY COMMITTEE AGENDA October 10, 2012 WHERE: COUNCIL CHAMBERS Plymouth City Hall 3400 Plymouth Boulevard Plymouth, MN 55447 CONSENT AGENDA All items listed on the consent agenda* are considered to be routine by the Environmental Quality Committee and will be enacted by one motion. There will be no separate discussion of these items unless a Committee member, or citizen so requests, in which event the item will be removed from the consent agenda and considered in normal sequence on the agenda. 1. 7:00 P.M. CALL TO ORDER 2. 7:00 P.M. PUBLIC FORUM — Individuals may address the Committee about any item not contained in the regular agenda. A maximum of 15 minutes is allotted for the Forum. 3. 7:15 P.M APPROVAL OF AGENDA - EQC members may add items to the agenda for discussion purposes or staff direction only. The EQC will not normally take official action on items added to the agenda. 4. 7:20 P.M. PRESENTATIONS AND PUBLIC INFORMATION ANNOUNCEMENTS 5. 7:25 P.M. CONSENT AGENDA* A. Approve September 12, 2012, Environmental Quality Committee Meeting Minutes (Asche) 6. 7:30 P.M. GENERAL BUSINESS A. EQC Sponsored Project — Buckthorn Removal (Zieska) B. Draft 2012 Annual Report & 2013 Work Plan (Asche) 7. REPORTS AND STAFF RECOMMENDATIONS 8. FUTURE MEETINGS —November 14, 2012 9. 8:30 P.M. ADJOURNMENT Page 1 rp) of Plymouth) PARKS AND RECREATION ADVISORY COMMISSION MEETING AGENDA DATE Et TIME: Thursday, October 11, 2012 - 7pm LOCATION: Plymouth Ice Center 3650 34th Avenue, Plymouth, Minnesota 55447 1. CALL TO ORDER 2. APPROVAL OF MINUTES 3. OPEN FORUM: 3a. 4. VISITOR PRESENTATIONS (NON -ACTION ITEMS): 4a. Staff Presentation -Bill Abel (Operations/Improvements) 4b. 5. COMMISSIONER/STAFF UPDATE (NON ACTION ITEMS): 5a. 2012 Work Plan Progress 5b. Co. Rd 73/Zachary Lane Open Space 5c. Hampton Hills Neighborhood Park 5d. Training Facility at the Plymouth Ice Center 5e. Upcoming Community/Special Events 6. NEW BUSINESS (ACTION ITEMS): 6a. Neighborhood Park Name 6b. 7. ADJOURNMENT NEXT REGULAR MEETING - December 13, 2012 at the Plymouth City Hall Page 2 City of Plymouth Adding Quality to Life October 2012 Modified on 09127112 CHANGES ARE NOTED IN RED Page 3 1 2 3 4 5 6 6:00 PM 6:30 PM CANCELLED HUMAN RIGHTS VOLUNTEER PLANNING COMMITTEE RECOGNITION COMMISSION AMENDMENT EVENT MEETING FORUM Plymouth Creek Council Chambers Plymouth Creek Center Center 7 8jjj� 9 7:00 PM 10 7:00 PM 11 7:00 PM 12 13 REGULAR COUNCIL ENVIRONMENTAL PARK Et REC 12:00-3:00 PM MEETING QUALITY ADVISORY FIRE DEPT. COLUMBUS DAY Council Chambers COMMITTEE COMMISSION OPEN HOUSE Observed (EQC) MEETING (PRAC) MEETING Fire Station III Council Chambers Plymouth PLYMOUTH PUBLIC Ice Center WORKS DIVISION CLOSED 14 15 16 17 7:00 PM 18 19 20 PLANNING COMMISSION MEETING Council Chambers 21 22 23 24 25 26 27 7:00 PM 7:00 PM REGULAR COUNCIL HRA MEETING MEETING Medicine Lake Room Council Chambers 28 29 30 31 6:00-8:00 PM Halloween on the Creek Plymouth Creek Center Modified on 09127112 CHANGES ARE NOTED IN RED Page 3 City of Plymouth Adding Quality to Life November 2012 Modified on 09127112 Page 4 1 2 3 7:00 PM HUMAN RIGHTS COMMITTEE MEETING Lunch Room 4 5 6 MEE 7 8 9 10 7:00 PM GENERAL PLANNING ELECTION DAY COMMISSION MEETING Council Chambers Daylight Savings Time Ends 11 12 13 7:00 PM 14 7:00 PM 15 7:00 PM 16 17 VETERANS DAY REGULAR COUNCIL. ENVIRONMENTAL HRA MEETING 10:00 AM -5 PM VETERANS DAY Observed MEETING QUALITY Medicine Lake Room PLYMOUTH ARTS CITY OFFICES Council Chambers COMMITTEE FAIR CLOSED (EQC) MEETING Plymouth Creek Council Chambers Center 18 19 20 21 22 23 24 CANCELLED 12:00-5 PM PLANNING PLYMOUTH ARTS COMMISSION THANKSGIVING THANKSGIVING FAIR MEETING HOLIDAY HOLIDAY Plymouth Creek Center Council Chambers CITY OFFICES CITY OFFICES CLOSED CLOSED 25 26 27 28 29 30 7:00 PM 7:00 PM REGULAR COUNCIL PLYMOUTH MEETING ADVISORY Council Chambers COMMITTEE ON TRANSIT (PACT) MEETING Medicine Lake Room Modified on 09127112 Page 4 City of Plymouth Adding Quality to Life December 2012 Modified on 09127112 Page 5 1 2 3 4 5 7:00 PM 6 7 8 PLANNING 2:00-5:00 PM COMMISSION OLD FASHIONED MEETING CHRISTMAS Council Chambers Plymouth Historical Society Building Chanukah Begins at Sunset 9 10 11 12 7:00 PM 13 14 15 7:00 PM ENVIRONMENTAL 7:00 PM REGULAR COUNCIL QUALITY PARK tt REC MEETING COMMITTEE (EQC) ADVISORY Council Chambers MEETING COMMISSION Council Chambers (PRAC) MEETING 7:00 PM Council Chambers CHARTER COMMISSION ANNUAL MEETING Medicine Lake Room 16 17 18 19 20 21 22 7:00 PM PLANNING COMMISSION MEETING Council Chambers 23 24 CHRISTEVE AS 25 26 27 7:00 PM 28 29 HRA MEETING CITY / Medicine Lake Room OFFICES CHRISTMAS DAY LOSE AT 12:00 P CITY OFFICES CLOSED NEW YEAR'S EVE Modified on 09127112 Page 5 Tentative Schedule for City Council Agenda Items October 23, Regular, 7:00 p.m., Council Chambers • Announce Halloween on the Creek on October 31 • Announce Plymouth Pet Expo on November 3-4 • Announce Paint the Pavement 5K Fun Run/Walk on November 10 • Hearing for On -Sale Liquor and Sunday Liquor applications from Two Prix and a Princess, d/b/a Lucky's 13 Pub, 3000 Harbor Lane (formerly Axel's) • Approval of Tobacco License for Montecore, LLC, d/b/a MGM Wine and Spirits, 3900 Vinewood Lane North • Hearing on Off -Sale Liquor License application from Montecore, LLC, d/b/a MGM Wine and Spirits, 3900 Vinewood Lane North • Announce Photo Contest Winners • Hearing on Off -Sale 3.2 Liquor License application from Holiday Stationstores, Inc., d/b/a Holiday Stationstore #317, 2725 Campus Drive • Approve Joint Powers Agreement with the City of Hopkins for Records Management November 131, Regular, 7:00 p.m., Council Chambers • Canvass 2012 General Election results • Announce Plymouth Arts Fair on November 17-18 November 27, Regular, 7:00 p.m., Council Chambers • Announce Old Fashioned Christmas on December 2 December 11, Regular, 7:00 p.m., Council Chambers • Recognize Police Citizen Academy Graduates • Announce New Year's Eve Event on December 31 • Public hearing on the 2013 Budget Note: Special Meeting topics have been set by Council; all other topics are tentative. Page 6 0;; Witiesote '° +- A Collobore ve Vision fnr 7ranaparxalYn ri � � � 20 -Year State Highway Investment Plan Help shape the next 20 years of Minnesota state highways! The Minnesota Department of Transportation invites you to a Stakeholder Engagement Meeting on the Minnesota 20 -Year State Highway Investment Plan (MnSHIP) What: Two chances to voice your opinion on capital investment priorities for Minnesota state highways. The events will include a presentation and an input session, followed by an open house and interactive exercises. When: Tuesday, October 16 1:00 - 4:00 p.m. Tuesday, October 23 5:00 - 8:00 p.m. Where: Richfield Lutheran Church MnDOT Training & Conference Center 8 West 60th Street 1900 West County Rd Minneapolis, MN 55419 Shoreview, MN 55126 RSVP: https://www.surveymonkey.com/s/mnship_rsvp or call (651 ) 366-3762 For more information contact: Ryan Wilson, PE., AICP Project Manager, 20 -Year State Highway Investment Plan Office of Capital Programs & Performance Measures Minnesota Department of Transportation 395 John Ireland Boulevard, MS 440 St. Paul, MN 55155-1899 651.366.3537 ryan.wilson@state.mn.us For accommodations requests: To request an ASL interpreter or other reasonable accommodation, call Janet Miller at 651-366-4720 or 1-800-657-3774 (Greater Minnesota),- 711 or 1-800-627-3529 (Minnesota Relay) at least one week in advance. You may also send an email to janet.rae.miller@state.mn.us http,Hwww.dot.state.mn.us/ada/accommodation.htmI www.dot.state.mn. us/planning/statehighwayinvestmentplan/ O��HNEu^�T� �M PageaF�y Emerald Ash Borer Risk Management Workshop for Municipal Administrators, Elected Officials & Allied Professionals 3700 Monterey Drive 22 October 2012 -- Monday St. Louis Park, MN 55416 7:30 AM - 1:15 PM no charge to attend I lunch provided I registration required map -- http://www.stlouispark.org/rec-center.html Belevedere Dr., Toledo, OH Untreated Ash Trees images courtesy Dr. Dan Herms, The Ohio State University Emerald ash borer is a predictable natural disaster. -- Scott Schirmer, Illinois Department of Agriculture Unlike a tornado which might skip your neighborhood or town, EAB will overrun any location where ash trees grow. It will impact the budget of every owner of ash trees, public or private, in North America. Barring an unlikely scientific breakthrough, there will be no escaping this. The greater proportion that ash represent in natural and planted areas, the greater the impact. Tools have emerged allowing municipalities to plan for and modulate this disaster on managed land. Used appropriately, these tools help maintain order in the budget. While conserving fiscal, green infrastructure and environmental resources, these tools also serve to minimize risk to public safety. These tools are quite reliable and cost effective when used pro -actively. Deployed reactively, they can still prove valuable in stabilizing near-term budgets. Municipal administrators need to be able to discuss EAB management options with their tree managers (arborists or public works personnel) and they need to have a full appreciation of the public safety risks which can develop in the face of delayed or inadequate management. Page 8 This event provides an excellent opportunity for municipal managers, planners, officials and allied professionals to become familiar with approaching and framing EAB management policies, strategies and actions. Agenda as of 19 Sept 2012 8:00:00 Welcome Moderator -- Richard Cowles, PhD, Connecticut Agriculture Experiment Station Before the break: EAB Myths vs FAQs -- Jeff Hahn, Extension Entomologist, UMN Memo from Forester to City Manager: Don't Wait -- Chad Tinkel, Mgr Forestry Operations, Ft. Wayne, IN Considerations for the City Attorney -- Margo Ely, City Attorney, Naperville, IL After the break: What can you get for your money? Budgeting for EAB -- Cliff Sadof, PhD, Purdue Univ., Dept of Entomology Your Management Options vs. the Death Curve -- James Zwack, Dir. of Tech. Svcs., The Davey Institute Getting the Message Out: Helping citizens grasp what's at stake -- Joe McElroy, Naperville, IL, City Councilman Panel discussion / lunch Closing words -- Richard Cowles, PhD This event sponsored through educational grants provided by The Davey Tree Expert Company Rainbow Treecare Scientific Advancements Valent Professional Products Registration is open to municipal administrators, elected officials, other public employees, and allied professionals. Employees of non -profits managing trees affecting public safety are also welcome (colleges, nature centers, etc.) Please RSVP online -- http://tinyurt.com/RSVP-4-EAB-RM Can't attend? The RSVP allows "regrets" and will put you on the mailing list for similar events in the future. Got questions? Call -- Jim @ (952) 252-0519 Comments from similar EAB Risk Management events held in WI, PA & OH The most valuable thing I learned? You can't be too proactive. How do we get mayors, administrators, engineers to attend? I will be setting up a meeting with Sanitary Authority & Public Works to discuss statistics presented today. The story from Ft. Wayne was eye-opening. Significance of tree loss to stormwater issues got my attention. Provided tools to use... more people need to know about this. The graph forecasting rate of death was stunning. We should have started management actions sooner. "Treatment to stage removal" -- a valuable strategy. We had no idea environmental benefits of trees could be conserved so easily and effectively. Cost / benefit of treatment opened up new thinking for me. We will be expanding our conservation efforts. Take this message to elected officials! One of the best workshops attended in 40 year career. Include in state / national Soil & Water Conservation programs. Panel discussion was almost as valuable as the presentations! Every presentation taught me something new. This information is essential for policy makers. Page 9 City 01` Plymouth Adding Quality to Life October 1, 2012 Mr, Leo Holmes Metropolitan Council Environmental Services 390 Robert Street, N St. Paul, MN 55101-1805 RE: Draft Waste Discharge Rules for the Metropolitan Disposal System Mr. Holmes, Thank you for allowing communities the opportunity to submit comments and questions regarding the draft Waste Discharge Rules that were distributed on August 15, 2012. We understand the need for the Metropolitan Council to review and update the rules periodically. However, some of the proposed changes in your draft document are a concern to the city of Plymouth. For ease of review, we have included the clause as proposed and our response. Clause: 102.04 Underutilization of the MDS. In the event that a customer community enters into an agreement with the Council Board that specifies development expectations and the resulting volumes of wastewater discharge into the MDS, the Council Board may charge a wastewater inefficiency fee if such development expectations are not achieved. This fee will serve to pay a portion of the operations, maintenance and capital costs of underutilized MDS facilities and the costs of MDS capacity construction elsewhere. Unless stated otherwise in the agreement, the Regional Administrator shall determine the underutilization as the difference between the actual customer community usage of the MDS and the expected usage, as identified in the agreement or adopted comprehensive sewer plan. Any such underutilization shall be converted to and expressed as o deficiency in residential equivalent connections. Further, unless otherwise stated in the agreement, the wastewater inefficiency fee shall be the SAC unit cost for each newly deficient residential equivalent connection in each year and the municipal and the municipal wastewater charge far the cumulative amount of deficient residential equivalent connections annually. The fee shall not be refundable under any circumstances, and shall continue each year until development expectations are met, ar for 20 years, whichever occurs first. Remittance of wastewater inefficiency fees by affected customer communities shall be in accordance with Section with Section 306.00. City Response-: The way that this clause reads, we are concerned that this could be construed to include all communities, with or without current agreements/arrangements with the Metropolitan Council. We have been told by MCES staff that this only pertains to those communities that have existing 3,400 Plymouth blvd - Plymouth, Minnesota 55+47-1482 e Tet: 763-509-5000 - �,-oiw plymoothmn gov � Yes Page 10 agreements with the Metropolitan Council (Lake Elmo) or potential future mutual agreements. However, unless it is made clearer, it is our opinion that the clause could be used in the future by the Metropolitan Council to implement a broad based program to charge an inefficiency fee. Our concerns if it were to be used as a broad based program are: because comprehensive plans are based on very broad assumptions, some of which are completely out of the control of a city, this clause is very problematic. Growth and development is predicated on an economy that is broader than any one individual community. How can the Met Council expect communities to pay for something that didn't occur and that no fees have been collected from? If the economy prevents growth and the collection of SAC fees, were are communities expected to get the funds to pay the inefficiency fee? Communities experienced the same financial pressures as the Met Council during the economic downturn in the late 2000's. Clause: 106.01 SAC determinations shall be conducted as follows, unless determined otherwise by the Regional Administrator: A. by the customer community for residential properties; B. by the customer community for commercial and institutional properties, or by the Regional Administrator when requested by the customer community; and C. by the Regionol Administrator for industrial properties. City Response: Currently the city of Plymouth requests a determination by the Regional Administrator for commercial, institutional and industrial properties. Once we are provided the determination we pass that along to the property owner and collect SAC based on the determination. However, once in awhile the Metropolitan Council does a new evaluation and finds that they made a mistake in the original calculation and additional SAC is required and requires the city to pay. The concern is that the Metropolitan Council penalizes the City for a Metropolitan Council mistake. Clause: 106.03B. Record Retention. Customer communities shall retain local SAC records for Metropolitan Council community reviews for a minimum of eight years. City Response: In the recent past, Metropolitan Council staff has asked us to go back further to determine what was paid and what has not been paid during a review/audit. Based on the eight year stipulations, does this mean the audit will not go back further than eight years? Further, once a review/audit has been performed, does this mean that the Metropolitan Council will not go back and re -review the same time frame in the future? Clause: 306.00 Payments and Finance Charges. Any Metropolitan council fee or charge not paid within 30 calendar days may be subject to an additional monthly interest charge of up to one and one-half percent. Page 11 City Response; Generally a 30 day payment deadline is not an issue. However, in situations where a business is currently operating and it is discovered that the original number of SAC units calculated, and paid, was too low based on actually occupancy and/or use, it is often times difficult to collect immediately from the business. It would be beneficial to communities to have more time in these situations to work with the business owner. Thank you again for allowing communities to provide comments. Please contact us if you have any questions regarding our concerns and please notify us when the agendas are set for the committees and the Board when this draft is discussed. Respectfully, r Steve Juetten Community Development Director Cc: Plymouth City Council Laurie Ahrens, City Manager Page 12 Coalition of Minnehaha Creek Waters .01 tw Mayor Kelli Slavik City of Plymouth 3400 Plymouth Boulevard Plymouth, MN 55447 Dear Mayor Slavik, Coalition of Minnehaha Creek Waters P.O. Box 649 Excelsior, MN 56331 www.cmcwmn.ora September 17, 2012 The purpose of this letter is to briefly introduce you to the Coalition of Minnehaha Creek Waters, a newly formed non-profit organization created by a group of lake, creek, and homeowner associations. Our mission is to preserve, protect and improve the Minnehaha Creek Watershed and surrounding area waters from aquatic invasive species (AIS) and storm water run-off. Currently, we are comprised of eight community led organizations with nearly 1,000 supporters. We expect these numbers to grow as our organization creates a foothold as a leader and protector of our local waters. As concerned citizens who seek to protect the lakes and waterways that comprise the Minnehaha Creek Watershed and surrounding area, we are firstly concerned with the rapid spread of AIS. As you may know, zebra mussels and Eurasian milfoil are now a pervading issue in a number of lakes in the Minnehaha Creek Watershed, specifically Lake Minnetonka. We want to prevent the transfer of these species to uninfested lakes. Additionally, new more devastating species of AIS such as hydrilla and quagga mussels are a bigger threat to all lakes and waterways in the state of Minnesota. We seek to keep our lakes clean, natural and free of AIS. While we can't turn back the clock for those lakes already infested, we can work to prevent infestations from the next waves of invasives. We have presented and voiced our main objective to the Minnehaha Creek Watershed District about preventing the spread of AIS to area lakes. With our lobbying efforts, $250,000 has been earmarked for this initiative along with a tentative action plan for 2013. The Coalition of Minnehaha Creek Waters looks forward to your support and working with you in the near future to help protect the natural beauty, recreational outlets, economics, and serenity of our area lakes. For more information about our organization, please visit our website at www.cmcwmn.org, or post us your support on facebook (Coalition of Minnehaha Creek. Waters). If you have any questions, we can be reached at president@cmcwmn.org. Respectfully, Peter Rechelbacher Coalition of Minnehaha Creek Waters Member Area Partnership for Pierson Lake Enhancement - Christmas Lake Homeowner's Association Citizens for the Minnehaha Creek Corridor- Gleason Lake Improvement Association - Lake Minnetonka Association Lake Minnewashta Preservation Association - Mooney Lake Association - Wassermann Lake Association Page 13 CHAMBER OF COMMERCE 2412 TwinWest Legislative Priorities State Taxes, Spending, and Government Reform • Spending increases should come from economic growth, not tax increases. • The Governor and Legislature must address future shortfalls by reforming state and local spending systems rather than by solely increasing taxes. • TiivinWest opposes constitutional amendments that would either cap spending at 1) a percentage of previous year revenues, 2) a limit of 98% of forecasted revenues, or 3) a required supermajority of the legislature to raise taxes as proposed. Such strict restrictions on the legislature could put at risk important tax reform measures and set in motion budget gimmicks that simply create more fiscal challenges and political gridlock. • Our tax code should be streamEmed to encourage economic and business expansion. Transportation ' TwinWest supports a $25 million bonding bill request to advance the Southwest fight Rail project. • TwinWest supports the prioritization of these transportation projects: completion of Highway 610; reconstruction/ expansion of Highway 100 in St. Louis Park; the addition of a third lane to 1494 in Plymouth; and increasing capacity on Highway 169 from 1.3194 to 1-694. ' The Twin Cities area needs a regional, multi -modal transportation system. " Transportation dollars should go toward transportation projects. Health Care ' Health care reform must faster increased competition and rely on private market forces. • Absent substantive federal health care repeals or reversals regarding federal health care reform passed in 2010, TwinWest supports a Minnesota -made Health Insurance Exchange structured around market-based, consumer -driven principles reflecting both the quality of care and price. The health care system should reward value, not volume. ' Consumers should have more information, responsibility, and choice. E-12 and Lifelong Learning ' Systems, standards, and test results need to reflect the demands of a global economy. ' The state should tie teacher effectiveness to pay based on performance. • The K-12 funding formula should be simplified with added accountability to the system. • Minnesota must support its future workforce by investing in early childhood education_ Local and Regional Government • City and county taxes should be based on the need for services and real growth. • TwinWest supports the reinstatement of the sales tax exemption for local units of government. • Historic spending is not a valid basis for local government aid. Only basic services should be considered for state equalization funding. • TwinWest supports an effective Metropolitan Council that ensures the highest level of accountability is best represented to business interests, taxpayers, and local units of government within the metropolitan region. Energy • Conservation programs should be evaluated by comparing the cost to businesses to real conservation results. • Further development of renewable energy options in Minnesota should be created through incentives, not mandates. • All types of generation, including hydroelectric and nuclear, should be considered for additional generating capacity. 10700 Old County Road 15, Suite 170 • Plymouth, MN 55441 Phone: 763.450.2220 • Fax: 763.450.2221 • www.twinwest.com Page 14 Kennedy 0 Graven CHARTERED Date: September 11, 2012 Charles L. LeFevere 470 US Bank Plaza 200 South Sixth Street Minneapolis MN 55402 (612) 337-9215 telephone (612) 33 7-93 10 fax clefevere@kennedy-graven.com ht!p://www.kennedy-graven.co MEMORANDUM To: Commissioners and Alternate Commissioners of the Shingle Creek and West Mississippi Watershed Management Commissions From: Charles LeFevere Re: Joint Powers Agreement Review At the August meeting of the Shingle Creek and West Mississippi Commissions, the Commissioners discussed whether it would be desirable to make amendments to the Commissions' joint powers agreements. Staff was directed to provide a report on the joint powers agreements for consideration by the Commissioners to facilitate that review. It was pointed out at the meeting by Commissioner Stauner that it would be desirable to start the process of amending the joint powers agreement to extend its term, which currently expires on January 1, 2015. I would agree with that observation. With that exception, however, I have no specific recommendations as to changes that should be made to the joint powers agreements. If I were to rewrite the agreements, I would recommend a large number of non -substantive changes. For example, a good deal of the language of the State's Surface Water Management Act is simply repeated in the joint powers agreement, and I would delete that language. However, I do not believe that any activities that the Commissions have decided to pursue have been frustrated by the current versions of the joint powers agreements. In that regard, it seems to me that the agreement has served the member cities well. The following is a list of the more important terms of the joint powers agreements. These are terms that could be changed by the member cities if they wish to do so. The agreements of both organizations have the same provisions. Each joint powers agreement covers one watershed (i.e. it does not cover both Shingle Creek and West Mississippi). Article IV. 2. Each city has only one representative, or alternate, and one vote. Article V, Subd. 1. 410696vl CLL SH220-1 1 P:\Organization\Council\Council Information Memorandums\2012\100412\Report - Watershed Joint Powers Agreeemtns Review.DOC Page 15 3. The terms for Commissioners are three years. Article V, Subd. 3. 4. The Commissioners serve without compensation from the Commission. Article V, Subd. 6. 5. The Board is authorized to employ persons as employees or consultants. Article VI, Subd. 2. 6. The Commission can order a member city to construct, clean, repair, alter, abandon, consolidate, reclaim, or change the course or terminus of any ditch, drain, storm sewer, or water course, natural or artificial, within the watershed. Article VI, Subd. 8. 7. The Commission can order any member city to acquire, operate, construct, or maintain dams, dikes, reservoirs and pertinent works or other improvements necessary to implement the Commission's plan. Article VI, Subd. 9. 8. The Commission is required to have its books and accounts audited annually by a CPA. Article VI, Subd. 19. 9. The Commission is generally authorized to "exercise all other powers necessary and incidental to the implementation of the purposes and powers set forth herein and as outlined and authorized by Minn. Stat. §§ 103B.201 through 103B.251. This gives the Commission the general, overall authority to do what joint powers watershed management organizations are required to do by the Minnesota Surface Water Management Act. Article VI, Subd. 22. 10. The Commission is required to prepare feasibility reports for capital projects. Article VII, Subd. 4. 11. The Commission is allowed to charge capital project costs to a sub -district if a project only benefits a sub -district. Article VII, Subd. 4. 12. For capital projects, the Commission is required to hold a public hearing after 45 days' mailed notice to the clerks of the member cities. Article VII, Subd. 4. 13. A 2/3rds vote of Commissioners is required for approval of a capital project. Article VII Subd. 4. 14. The Commission is to contract with member cities for the construction of projects, rather than contracting its own name. Article VII, Subd. 4. 15. Disputes among members relating to the allocation of costs for capital improvements (in cases where the Commission expenses are not covered by a county tax levy) are to be resolved by arbitration. Article VII, Subd. 6. 16. The Commission has no power to condemn property. Article VII, Subd. 10. 17. Contributions of cities to the general fund of the Commission are based 50% on net tax capacity of property within the watershed and 50% on the basis of the area of the property within the watershed. Article VIII, Subd. 2. 410696v1 CLL SH220-1 2 P:\Organization\Council\Council Information Memorandums\2012\100412\Report - Watershed Joint Powers Agreeemtns Review.DOC Page 16 18. The proposed budget is to be adopted by the Commission on or before July 1St. Member cities can object by August 1St. The Board is then to hear objections to the budget and, upon notice to all members and after hearing, modify or amend the budget. Article VIII, Subd. 4. 19. The amount the Commission can levy against member cities is subject to an assessment cap, which increases each year with the CPI. A majority of the city councils can consent to exceeding the cap. The amount charged to the city in any year cannot exceed the prior year's levy by more than 120% without the consent of a majority of the city councils. Article VIII, Subd. 5. 20. The Commission has the authority to adopt a supplemental budget. However, that budget is also subject to the assessment cap rules. Article VIII, Subd. 6. 21. To date, the Commission's share of capital projects has been funded by certifying costs to the county for a county tax levy under Minn. Stat. § 10313.251. However, if the Commission decides to charge the member cities for capital project costs, the joint powers agreement provides for allocation of costs by the following methods: a) 50% based on the net tax capacity of each member within the watershed and 50% based on the area of the property within the watershed (i.e. the same as the administrative formula); or b) A negotiated allocation agreed to by the members who have lands within the sub- district responsible for the capital improvement; or C) By a 2/3rds vote, the Commission can allocate costs among member cities on a basis other than the 50% area/50% net tax capacity formula if either: 1) any member community receives a direct benefit from the capital improvement, which benefit can be defined as a lateral as well as a chunk benefit; or 2) the capital improvement provides a direct benefit to one or more members, which benefit is so disproportionate as to require in a sense of fairness a modification in the 50/50 formula. Article VIII, Subd. 7. 22. The Commission is not authorized to borrow money. Article IX, Subd. 1. 23. The Commission is not authorized to condemn or own real estate. Article IX, Subd. 2. 24. The Commission is not authorized to levy special assessments. Article IX, Subd. 3. 25. If a member city's general fund contribution is more than 60 days late, that city cannot vote. Article IX, Subd. 5. 26. The joint powers agreement expires on January 1, 2015. Article X, Subd. 1. 27. The organization can be dissolved upon the unanimous consent of the member cities. Article X, Subd. 2. 28. An additional means of dissolving the organization is for a member city to petition the Board to dissolve the agreement. After a hearing, the Board could decide by majority vote 410696v1 CLL SH220-1 3 P:\Organization\Council\Council Information Memorandums\2012\100412\Report - Watershed Joint Powers Agreeemtns Review.DOC Page 17 to recommend that the Commission be dissolved. If the Board adopts such a resolution, it is to be submitted to the member cities and, if ratified by 3/4ths of the member cities within 60 days, the Commission would be dissolved. Article X, Subd. 3. 29. Upon dissolution, the property of the Commission is to be sold and the proceeds and other assets of the Commission are to be distributed to the eligible member cities in proportion to the total contribution made by the cities to the Commission in the last annual budget period. Article XI. 410696v1 CLL SH220-1 4 P:\Organization\Couneil\Council Information Memorandums\2012\100412\Report - Watershed Joint Powers Agreeemtns Review.DOC Page 18 9 //r .000,HIGHWAY 55 CORRIDOR COALITION www.highway55.org Preserving the 55 Corridor from 1-494 to Annandale, Minnesota Highway 55 Corridor Coalition Full Membership Committee Meeting Meeting Minutes Friday, April 20, 2012 9:30 a.m. —11:30 a.m. Hennepin County Transportation Facility Medina, MN Training Room 1. Call to Order— Chair Marvin Johnson, with a quorum being present, called the meeting to order at 9:31 a.m. 2. Introductions — Marvin Johnson, City of Independence; Wayne Fingalson, Wright County; Liz Weir, City of Medina; Dick Mattson, Wright County; Jim Grube, Hennepin County; Dennis Biese, Rockford Township; Claudia Dumont, MnDOT D3; Brad Johnson, City of Greenfield; Doran Cote, City of Plymouth; Nancy Carswell, City of Rockford; Scott Johnson, City of Medina; April Crockett, MnDOT Metro; Bre Grand, MnDOT Metro; Justin Kannas, Bolton-Menk for City of Buffalo; Tim Arvidson, Stonebrooke Engineering; Brad Larson, SRF Consulting Group, Inc. Note: Dick Mattson said Jack Russek could not attend the meeting as he had recent knee surgery. 3. Approve Meeting Minutes from December 16, 2011: Motion by Liz Weir, second by Dennis Biese to approve the December 16, 2011 meeting minutes with adding a note that the February 17, 2012 meeting was cancelled. Motion approved. 4. Financial Report: Wayne handed out and went through the Financial Report as of April 17, 2012. He reported that the current fund balance is $39,054.67. Motion by Dick Mattson, second by Dennis Biese to approve the financial report. Motion approved 5. Consultant Contract Status: Wayne stated that the Coalition has had a contract with SRF Consulting Group, Inc since 2004 with 5 amendments to extend the contract. The current contract ends on June 8, 2012. Brad Larson, Doran Cote and Tim Arvidson left the meeting for this discussion item. Wayne Fingalson agreed to take minutes in Brad Larson's absence. Jim Grube and Wayne Fingalson led the discussion about the future of the Coalition in terms of purpose. We have existed to coordinate efforts for the seeking of federal and state funds for the corridor and the coordination of projects and right-of-way protection that might occur with the help of those funds. We realize that federal earmarks may be history and we realize that state funds are likely to be very difficult to come by. If this is true, what will be the Coalition's purpose? Contact: Wayne A. Fingalson Phone: 763/682-7383 Wright County Highway Department FAX. 763/682-7313 1901 Highway 25 North E-mail: wa ne. n lson cri ht.mn.us Buffalo, Minnesota 55313-3306 age o. 9 HIGHWAY 55 www.highway55.org CORRIDOR COALITION Preserving the SS Corridor from 1-494 to Annandale, Minnesota Wayne Fingalson has learned from MnDOT (Lynette Roshell) that if we wish to continue to use a consultant to assist us beyond the June 8, 2012 contract date, we will need to do a new contract and go out for Request for Qualifications (RFQ). These issues were discussed in a meeting on April 16, 2012 with Officers Marvin Johnson (Chair) and Liz Weir (Secretary/Treasurer), along with Jim Grube and Wayne Fingalson (via conference call). Vice -Chair Russek was not available due to knee surgery. It was the recommendation of this group and the consensus of the Joint Powers Board members present today that we continue meeting as a corridor coalition and that we proceed with hiring a consultant to assist us beyond the June contract date. The general feeling was that we do not need to meet as often (say, 3 times/year) as we have in the past, which would lower the consultant cost. Marvin Johnson said that it would be very time consuming to create a new Coalition in the future if we disbanded now. There are too many unknowns about future funding. Liz Weir indicated that she would feel better about having an active organization while we have active projects using these federal funds. Wayne Fingalson distributed copies of the Request for Proposals, which had been used by the Coalition in 2004 when SRF was hired. Marvin Johnson proposed that a committee be selected to review and modify this RFP. Suggested membership of this group was Marvin Johnson, Liz Weir, Wayne Fingalson, Jim Grube, and Nancy Carswell. A motion was made by Liz Weir and seconded by Dick Mattson that a committee consisting of Marvin Johnson, Liz Weir, Wayne Fingalson, Jim Grube, and Nancy Carswell be established to modify the Request for Proposals (RFP) to obtain the services of a consulting firm to manage/facilitate the activities of the Coalition. Once finalized by this committee, the RFP will be sent electronically to all Joint Power members for their approval by e-mail. If approved by a majority of Joint Powers membership, the committee will be authorized to send out RFPs to prospective consulting firms for immediate turn around. The committee members will then serve as members of the selection panel and recommend a consulting firm to the Joint Powers Board at a future Full Membership Meeting. Motion passed unanimously. 6. Technical Advisory Committee/MnDOT Report: • MnDOT's 2012 Hwy 55 Project: April Crockett, Bre Grand and Tim Arvidson provided a handout and reviewed the project and schedule as noted. Hwy 55 Resurfacing Project 2012 From Ash Street in Rockford to west of Pinto Drive in Medina Purpose and Benefits The project will restore pavement structure and improve ride quality. The project will also improve safety for motorists and pedestrians. Project Description • Resurface Hwy 55 between Ash Street in Rockford and just west of Pinto Drive in Medina • Upgrade accessibility at intersections • Replace guardrail • Add turn lanes at Vernon Street, Sioux Trail, Nyles Court, Yvette Street, Lake Sarah Heights Drive, Town Hall Drive, Pioneer Trail and Rolling Hills Road Contact: Wayne A. Fingalson Phone: 763/682-7383 Wright County Highway Department FAX. 763/682-7313 1901 Highway 25 North E-mail: wa ne. n lson ri ht.mn.us Buffalo, Minnesota 55313-3306 vagei6 1001* HIGHWAY 55 CORRIDOR COALITION Repair curb and gutters • Drainage structure work Schedule and traffic impacts www.highway55.org Preserving the 55 Corridor from I-494 to Annandale, Minnesota Stage 1 -- Mid -April through early June: Work will occur in Rockford between Ash Street and County Road 92. Traffic will be reduced to a single lane in each direction. The pedestrian crossing at Main Street will be unavailable and pedestrian traffic will be directed to use Maple Street. Stage 2 -- Early June through mid-July: Hwy 55 will be closed between County Road 92 and County Road 19 for work on the west portion of the project. Detour: County Road 92, County Road 50 and County Road 19. Stage 3 -- Mid -July through early September: Hwy 55 will be closed between County Road 19 and County Road 101 for work on the east portion of the project. Detour: County Road 19, County Road 50, County Road 10 and County Road 101. During the full closures of Hwy 55, traffic signal modifications and the addition of some temporary traffic signal systems along the detour routes will aid traffic flow and safety. NOTE: The schedule is approximate and subject to change as work progresses. Updates will continuously be made on the project website and sent out through the weekly email updates. Project Website: www.mndot.gov/metro/projects/hwy55medina/ Contact Information: Email: info(cDTHDesignl3ld.com Hotline: 1-855-345-1140 Allocation of Remaining Federal Funds: Jim Grube provided a handout titled Project Status Summary dated December 2011 which was also handed out at the December meeting that detailed the funds allocated to date and the federal funds remaining to be allocated. Jim noted that at the December meeting the members talked about allocating 50% to Hennepin County projects and 50% to Wright County projects but there was no vote on it to allow members to think more on it until the next meeting. With the SRF contract expiring in June and with the membership earlier in the meeting wanting to continue to have consultant services, Jim recommended that $83,000 be allocated for consultant services in the future leaving $213,830 per County remaining. Jim further stated that there are two active projects, CR 116 @ Hwy 55 in Medina and the CR 147 AlternateSettler's Parkway @ Hwy 55 in Buffalo that still need additional funding. Jim reviewed the CR 116 project and Wayne Fingalson and Justin Kannas reviewed the Settler's Parkway project (See below). Motion by Liz Weir and seconded by Dennis Biese to allocate an additional $40,000 to the anticipated balance of $43,000 for consultant services and $213,830 each to the CR 116 and Settler's Parkway projects. Motion passed. Nancy Carswell asked if there was a time limit to spend the federal funds? Jim Grube said no but the sooner the better to make sure federal funds are not recalled. He said by the Coalition allocating the funds to active projects lessens that chance. Contact: Wayne A. Fingalson Phone: 763/682-7383 Wright County Highway Department FAX. 763/682-7313 1901 Highway 25 North E-mail: waw. angg1son cucQ.tiyright.mn.us Buffalo, Minnesota 55313-3306 age Z�� 9 HIGHWAY 55 www.highway55.org CORRIDOR COALITION Preserving the 55 Corridor from 1-494 to Annandale, Minnesota County Road 147 Alternate Project Status: Wayne Fingalson said that the project would connect TH 25 and TH 55 on Settler's Parkway through a housing development. It would eliminate the existing CR 147 intersection with TH 55. The environmental documentation has been started by the City of Buffalo. This project has already secured $1.08 Million for 2015 with the hope of advancing that funding. CR 116 Project Status: Jim Grube reported that preliminary engineering and detail design contract was approved on April 12, 2011. Project will involve work north and south of TH 55 including a backage road on the north side. There also will be a double left turn for southbound vehicles. Corridor Investment Management Strategy (CIMS): Marvin Johnson notified the members that the Hwy 55 Corridor Coalition had received an invitation from MnDOT to attend introductory meetings on MnDOT's ongoing process of working with coalitions to 1) share information about investment programs and the needs, issues and opportunities at a corridor level; and 2) identify opportunities to collaborate around a suite of lower cost, high benefit approaches to project design and system management. The meetings involving Hwy 55 are scheduled for Tuesday, May 15th for the Hennepin County portion of Hwy 55 and Monday, May 21St for the Wright County portion. Marvin, Liz Weir and Jim Grube or a staff member will attend the May 15th meeting and Dick Mattson and Wayne Fingalson will attend the May 21St meeting. 7. Legislative Updates. • Federal: The Washington Fly -In is June 5-7, 2012. Discussion followed on whether any members of the Coalition should attend this year's Fly -In. As no major work is currently anticipated on transportation bills, it was decided not to attend this year. Brad Larson stated that Congress has again extended the Transportation Authorization bill to the end of June, 2012 with talk already of extending it into the fall of 2012. • State: Nothing to report 8. Communications: The Coalition provided comments on the NEPA legislation in the proposed House Transportation Reauthorization bill to Congresswoman Michele Bachmann at her request. 9. Establish next full membership meeting date and time: The next meeting will be on Friday, July 20, 2012 at 9:30 a.m. at the Hennepin County Public Works facility, Training Room in Medina. NOTE: This replaces the June 15, 2012 meeting to allow time for the Consultant Selection Committee to make a recommendation of a consultant to the Coalition. 10. Other Business: Brad Larson is updating the Hwy 55 Corridor Coalition website prior to June 8, 2012. If anyone has any updates suggestions they should get them to Brad. 11. Adjourn: On a motion by Liz Weir, second by Wayne Fingalson the meeting adjourned at 11:09 a.m. Respectfully submitted: Brad Larson, SRF Consulting Group, Inc. Contact: Wayne A. Fingalson Phone: 763/682-7383 Wright County Highway Department FAX. 763/682-7313 1901 Highway 25 North E-mail: wa ne. n lson ri ht.mn.us Buffalo, Minnesota 55313-3306 Pageii